Res P-01-48RESOLUTION NO. P- 01-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-07
ASSESSOR'S PARCEL NUMBER 317-101-09, 10, & 31
WHEREAS, CUP 01-07 submitted by Tim Meissner, applicant, requests a
Conditional Use Permit to establish a preschool/child care facility, with an outside play yard,
at 13172 Poway Road in the Town Center zone. Th d occupy an existing 4,361-
square-foot Building C in a shopping center that is proposed to undergo
renovation/expansion as the Poway Library Plaza project; and
WHEREAS, on September 4, 2001, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Conditional Use Permit 01-07 is Categorically
Exempt from the previsions of the California E Iai Quality Act, as a Class 1
exemption pursuant to Sec. 15301(a) of the CEQA guidelines, because it is a use permit for
an existing si .~ only -1 exterior alterations.
Section 2: The finding dance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 01-07 establish a preschool/child care facility at 13172
Poway Road in the TC zone, are made as follows:
The proposed facility would be located ' ~3 shopping center in which it is
being relocated from another building in the center. The size of the facility is
appropriate for the use and location. The design of the facility is appropriate for the
use and the surrounding area. The proposed project is a permitted use in the TC
zone, with the approval of a Conditional Use Permit. The project will comply with all
of the relevant codes and standards of the City of Poway. Therefore, the proposed
location, size, design and operating characteristics of the proposed use are in
accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code,
the purpose of th ~ich the site is located, the City General Plan, and the
development policies and standards of the City.
The st ~ich the use will be located is proposed to undergo remodeling,
which will upgrade the quality of design of the building. The location, size and
design of the proposed facility are appropriate for the use and are consistent or
superior to surrounding development. The facility will be operated under license of
the State of California. The facility will be required to meet City of Poway standards
-I operating hours, and parking/loading. Therefore, the location, size,
design and operating ch ! the proposed use will be compatible, with
and will not adversely affect or be materially detrimental to, adjacent uses, residents,
buildings, or natural
Resolution No. P- 01-48
Page 2
The proposed use will be occupying an existing building in an existing shopping
center. The facility will meet or exceed standards for scale, coverage and density.
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with adjacent uses.
There are public facilities,
~le.
The proposed use will not .~' ' impact. Therefore, there will not
be a harmful effect upon desirable neighborhood characteristics.
The project will not increase traffic beyond the capacity of Poway Road and other
streets serving the project. Therefore, the generation of traffic will not adversely
impact the capacity and physical character of surrounding streets and/or the
Circulation Element of the General Plan.
The proposed child care facility is allowable in the zone, and is small in area
compared with the overall property. Therefore, th Iable for the type and
intensity of use or development that is proposed.
Th
natural
hazard p does it significantly affect
Therefore, there will not be significant harmful effects upon
Iai quality and natural
There are no otb
mitigated.
: negative impacts of the proposed use that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch of the proposed use and the conditions under which it
would be operated -1 will not be detrimental to the public health, safety
or welt' ly injurious to properties or imp ' the vicinity nor be
contrary to the adopted General Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves Conditional Use Permit 01-07 to establish
a preschool/child care facility in an existing 4,361-square-foot building (Building C), with an
outside play yard, approximately 8,000 square feet in area, at 13172 Poway Road in the TC
zone, as shown on the plans dated May 21, 2001, subject to the following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
31lance with all !the Zoning Ordinance and all other applicable
City ord' ~ect at the time of building permit issuance.
Resolution No. P- 01-48
Page 3
3proval: (1)
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to inter[ere with the reasonable use and enjoyment of surrounding
uses.
The conditions of Conditional Use Permit 01-07 shall ~ect for the life of
the subject preschool/day care facility and shall run with the land and be binding
upon future owners, heirs, and ! of the current property
owner.
Conditional Use Permit 01-07 may be subject to annual review as determined bythe
Director of Development Services for compliance with the conditions of approval and
to add that may have been raised during the prior year.
The applicant shall obtain a Building Permit prior to installation of the tenant
imp Prior 1 : a Building Permit the applicant shall comply with
the following:
The applicant may request a building permit exclusively for tenant
imp ' to the existing tenant space (Building C), prior1 ~a
building permit and the installation of the public imp pursuant to
DR 00-22. lould a building permit not be obtained under DR 00-
22, the applicant will be responsible for the following improvements:
a. The installation of all landscaping, as depicted on the file exhibits, within
or adjacent to the tenant lease space, to the sat Ithe Director of
Development Services (within 6 months of th :the permit for
the tenant imp ).
Prior to issuance of a building permit for the tenant improvements to
Building C, the applicant shall provide any necessary parking for the
preschool/day care facility, per the approved plan.
Tenant improvements for CUP 01-07 shall I~ : l with the approved
project plans (as they apply to the lease space) dated May 21,2001 on file in
the Development Services Department and the conditions contained herein.
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
Resolution No. P-01-48
Page 4
Approval of this
Poway Road Specific Plan, Poway Development Standards, the Zoning
Ordinance, and all other applicable City Ordinances in effect at the time of
building permit issuance.
All new roof appud -ling air conditioners, shall be architecturally
integrated, screened f `l sound buffered from adjacent properties
and :luired by the Director of Development Services.
At least two parking spaces shall be designated for the drop off and pick-up
of clients during peak hours. Signage shall be placed at these spaces
indicating that parking is limited to 5 minutes during the hours of 8:00 to
10:00 a.m. and 4:00 to 6:00 p.m.
A surface planter, at least three feet in usable width, shall be provided
adjacent to the easterly fence, and furnished with shrubs, ground cover, and
irrigation. The chain-link fence shall be provided with slats where they may
be missing or in disrepair. Ail of the of all of the above shall be included on a
landscape plan to th :the Director of Development Services.
The applicant shall construct the following improvements to the sar '
Director of Safety Services:
the
1. Building C shall be fire sprinklered.
2. Afl
jstem shall be installed in Building C.
3. Emergency access to the play area yard shall be maintained.
Prior to '
following:
certificate of occupancy, the applicant shall comply with the
The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both DR 00-22 and Conditional
Use Permit 01-07, along with the conditions contained therein/herein. If
approved by the Director of Development Services pursuant to condition F.1.,
occupancy of the existing Building C may take place before a building permit
is issued for the ext`lei of the building and the installation of the
public imp ' 31ished under DR 00-22. A final inspection from the
appropriate City Departments will be required.
Upon establishment of the use in reliance upon this Conditional Use Permit, the
following conditions shall apply:
Resolution No. P-01-48
Page 5
The proposed signage for the drop-off/pickup I 3all b
for the life of the facility, unless otherwise approved by the Director of
Development Services,
At no time shall noise from any
in the Poway Municipal Code.
:1 th :lard
The property owner shall be responsible for insuring that the fur I
mix of uses leasing in the shopping center will have hours of operation and
parking demands such that adequate parking is available at all times.
If at any time the existing chain link fence with slats that is located on the
adjacent property to the east is removed for any reason, th : this
property shall install a 6-foot solid wooden 1' ;I the eastern property
line to the sal =the Director of Development Services.
Section 4: The approval of Conditional Use Permit 01-07 shall expire on September 4,
2003, at 5:00 p.m. unless, prior to that time, a building permit has been issued and
const the property in the CUP approval h :l prior to its
expiration.
ATTEST:
nne Peoples, City CIE
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 4th day of September 2001.
Resolution No. P-01-48
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-01-48 , was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of September 2001, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
~~wP?~ples, Cit~y Clerk'~